West Papua Information Kit

Prisoners

Human Rights Watch 2007

Because of restrictions on access to Papua and on information about
developments there, the exact number of cases in which peaceful
political activists have been arrested, tried, and convicted in Papua
is impossible to establish with certainty.
However, that this happens with regularity is not in doubt.
To illustrate this problem, Human Rights Watch highlights in
detail the cases of five individuals and summarizes those of thirteen others.

Filep Karma and Yusak Pakage
Filep Karma, a 45-year-old civil servant, and Yusak Pakage, a 26-year-old student, are perhaps the most famous of
Papua's political prisoners.
Karma and Pakage were arrested on December 2, 2004, and charged with makar (rebellion), a day after hundreds of students
gathered at the local university campus and began a long march yelling slogans of "Papua" and "Freedom!" The
chanting also included calls for the rejection of the law on special autonomy, and for the separation of Papua from
Indonesia.
The celebrations were held in Trikora Field in Abepura, and consisted of speeches, prayers, and dancing. During the
course of the celebration some members of the crowd raised the Morning Star flag.
. . .

Linus Hiluka
Linus Hiluka is a 34-year-old farmer who was charged with rebellion against the state and spreading hatred (Article 110,
106 and 154 KUHP) for associating himself with the Baliem Papua Panel (BPP). The BPP is accused of "struggling for the
independence of the province of Papua to become a region or state which is self-governing or independent."
Prosecutors in Hiluka's case alleged that on May 26, 2000, Baliem community members nominated Hiluka as a delegate to
attend the second Papuan Congress held between May 20 and June 4, 2000 in Jayapura, and that the Papuan Congress II
resulted in four main strategic areas of action for the delegates. These were:

Rectifying (meluruskan) the history of West Papua;

Separating from the Unitary Republic of Indonesia via dialogue in a peaceful and democratic manner;

Restoring the basic rights of the people of Papua with the rejection of special autonomy; and

Installing members of the Panel and the Presidium.

At the congress, Hiluka was installed on the council board of BPP. On his return from the congress, he was accused of
disseminating information to the community about the congress' decisions. Hiluka was accused of making public speeches
in public parks, during prayer time, in churches, and in private houses within the Jayawijaya area. These activities were
often preceded by the raising of the Morning Star flag.
As a member of the BPP, Hiluka was also accused of meeting with other members, attending meetings in Jayapura to reject
the special autonomy law proposed for Papua, possessing and storing important correspondence linked with the independence
movement, forming the Papuan taskforce, establishing taskforce command posts, making community members believe that Papua
would be independent, and installing a painted map of West Papua and the Morning Star flag on the wall of his house in
Ibele.
For these crimes the prosecutor asked that Hiluka be sentenced to 15 years of imprisonment and a fine of 5,000 Rupiah.
The State Court of Wamena imposed a tougher sentence and punished Hiluka with 20 years imprisonment with a 1,000 Rupiah
fine. Hiluka appealed the courts decision, but the High Court of Jayapura upheld the original ruling and sentence.
Hiluka's final appeal to the Supreme Court of Indonesia was rejected on the basis that the appeal brief was received
after the 14-day appeal period, thus voiding the right to appeal.
Reports indicate that Linus Hiluka was transferred from Wamena to a prison in Makasar, Sulawesi, in December 2004. His
new prison is not only located on another island, but is located more than 1,000 miles from Wamena, making it nearly
impossible for his family and lawyer to visit him.

Moses Holago and Moses Aspalek
Moses Holago and Moses Aspalek were arrested on December 9, 2004, and charged with rebellion against the state (106 KUHP
connected with article 55 KUHP, with a subsidiary charge of 110 KUHP connected with article 55).
Moses Holago was accused of attending a meeting on August 11, 2004, to discuss the details of the structure of an
independent West Papuan government. The meeting was held in the village of Wutung in the District of Muara Tami (Papua
New Guinea).
Both Moses Holago and Moses Aspalek were accused of attending a meeting at the house of Reverend Mathen Asso in Waena,
Abepura District, Jayapura City, to discuss seeking funds to attend a meeting in Wewak in Papua New Guinea (PNG).
The meeting in PNG was called the Extraordinary National Papuan Congress. The three-day meeting led to the formation of a
nominal West Papuan government (West Papuan Authority Government) and nominated Edison Waromi as president of the
authority. According to the indictment against Moses Holago, the intention of the assembly was to unite the factionalized
pro-independence groups and develop community struggles for an independent West Papua.
Moses Holago and Moses Aspalek were arrested at the border with PNG in the village of Wutung, Muara Tami District, as
they attempted to cross from PNG back to Indonesia without proper documentation. They were searched and documents were
found wrapped in plastic inside Moses Aspalek's left shoe. The documents found on the two defendants included:

A card with a drawing of the Indonesian flag, the Morning Star flag and the PNG flag with the writing "Internasional
[sic] Border PNG-RI Humanity People Landows [sic] Right Commission Port Numbay Vanimo- Merauke-Daru" and on the back
written 504 Moses Aspalek, Job Investigation Address West Papua' stamped and signed by a Mr. M Tampoto;

A similar card to the one mentioned above owned by Moses Holago;

A letter stamped by the Tentara Papua Nasional (TPN) West Papua and signed by Yantos Titus Tabuni with the letter header
National Independence Army of West Papua, Regional Military Command Baliem II; and

A letter Request for Recommendation for going to Australia, property of Moses Holago.

During the trial Moses Holago claimed that he did not attend the fundraising meeting. However, he acknowledged crossing
to Wewak on a speed boat with Moses Aspalek, as well as with other individuals named Nelles Elopere, Simon Heyapok, and
Filep Karma.
During the trial photos were produced by the prosecution showing Moses Holago, Moses Aspalek, Filep Karma, and another
man named Albert Kailele at the congress. Moses Holago identified the flag in the photo as the Morning Star flag and the
chair of the meeting as Filep Karma.
The primary charges against the defendants were rebellion with intent to cause state disintegration (Article 110
paragraph 1 connected with Article 106, Article 106 and Article 55 paragraph 1) and causing social unrest.
. . .